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    Keeping Secrets A Practical Introduction to Trade Secret Law and Strategy

    ISBN-10: 0199797439
    ISBN-13: 9780199797431
    Author(s): Darin W. Snyder, David S. Almeling
    Description: Trade secrets - stealing them, protecting them, enforcing them - are increasingly big business. To understand why, consider any information you know about your job that you're supposed to keep confidential. That information may qualify as a trade  More...
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    Publisher: Oxford University Press, Incorporated
    Binding: Paperback
    Pages: 224
    Size: 6.25" wide x 9.25" long x 0.50" tall
    Weight: 0.594
    Language: English

    Trade secrets - stealing them, protecting them, enforcing them - are increasingly big business. To understand why, consider any information you know about your job that you're supposed to keep confidential. That information may qualify as a trade secret. Trade secrets concern everyone; from the engineer who invents a better mousetrap to the marketer who knows pre-release prices; from the CEO who drafts the company's five-year plan to the HR rep who manages the organizational chart, and so on.Keeping Secrets: A Practical Introduction to Trade Secret Law and Strategyis an accessible primer on all things trade secret. It examines the audacious schemes of trade secret thieves by presenting dozens of case studies and the lessons to learn from them. It also offers best practices for protecting trade secrets from theft, investigating a suspected breach, and enforcing a trade secret in court and other forums. Preeminent intellectual property lawyers, Darin Snyder and David Almeling have written this book for anyone who wants to learn about trade secrets: including corporate executives and engineers, judges and students, even attorneys not practicing trade secret law who need general information on the subject.

    About the Authors
    Acknowledgments
    Introduction
    The Trade Secrets of Boutique Hotels
    Should You Be Reading This Book?
    The Scandalous Structure of This Book
    The Basics
    Trade Secrets-The Basics
    Apache Helicopter Airstrikes and Lady Gaga
    An Introduction to Trade Secrets
    Trade Secrets-Definition and Four Famous Examples
    Information
    Secrecy
    Value
    Reasonable Efforts
    Trade Secret Theft: Defining "Misappropriation"
    Remedies for Trade Secret Misappropriation
    Nonmonetary Relief
    Monetary Relief
    Criminal Trade Secret Law
    Trade Secrets vs. Patents: When Trade Secrets Are the Best Strategy and When They're Not
    Summarizing Trade Secret Law
    Trade Secrets in Context: Why Trade Secrets Are Increasingly Important to Businesses, Employees, and the Economy
    The Customer List in the Age of Google, LinkedIn, and Facebook
    The Evolving Technologies, Social Norms, Politics, Economics, and Dozens of Other Factors That Shape the Use and Misuse of Trade Secrets
    Trade Secrets Were Slow to Develop, Quick to Proliferate
    New Technology
    Employee Mobility and Attitudes
    Increasing Value
    The Flexible (and Expanding) Scope of Trade Secret Law
    The Future of Trade Secrets
    Four Keys to a Successful Trade Secret Strategy
    Key No. 1: How to Recruit, Hire, Train, and Terminate Employees
    Mr. Chang�s $200 Million "Resignation"
    Employees Are the Primary Source of Trade Secret Misappropriation
    How to Recruit and Hire Employees
    Vet Applicants with an Eye Toward Trade Secret Protection
    Agreements with Incoming Employees
    Hiring from Competitors
    How to Train Employees
    How to Terminate Employees
    An Argument Against Doing Nothing
    How to Avoid a $200 Million Resignation
    Key No. 2: Information Security
    Founder of Alpha Mining Systems: "I was like the husband whose wife was getting it on the side"
    The Right and Wrong Lessons from the Tale of Alpha�s Plundering
    One Size Does Not Fit All
    Basic Protections for Information
    Limit Access to Information to Only Those Who Need It
    Place Legends on Documents and Files
    Implement an Information Tracking System
    Dispose of Information Properly
    Regulate Information That Must Leave the Company
    Encourage Reporting of Violations and Investigate and Punish Violations
    Basic Protections for Electronic Information
    Non-memorialized Data
    Rules for Receiving Trade Secrets from Outsiders
    Government Liaisons
    Information Security Should Not Be Static
    Key No. 3: Physical Security
    A Business Feud Turns Toxic
    The Non-digital World of Break-Ins and Dumpster Diving
    Securing Physical Confidential Information and the Facilities That House Such Information
    Be Wary of Visitors
    A Closing Note About Employee Resistance
    Key No. 4: Agreements to Protect Trade Secrets
    Dampening the Aloha Spirit
    The Importance of Written Agreements
    Confidentiality and Invention Assignment Agreements with Employees
    Confidentiality Agreements with Outsiders
    Parties That Refuse to Sign Confidentiality Agreements
    Noncompetition and Nonsolicitation Agreements
    Confidentiality Agreements Protect Against Most Threats
    Trade Secrets in Practice
    Investigating Suspected Trade Secret Theft
    Informix to Commuting Oracle Employees: "Caution: Dinosaur Crossing"
    Avoiding Informix's Fate
    Act Immediately in Response to Suspected Trade Secret Misappropriation
    Attorneys Should Direct the Investigation
    Conducting a Trade Secret Investigation
    Gathering Information
    Interviews
    Monitoring
    The Investigation Is Over. Now What?
    Do Nothing
    Fix the Leak
    Talk to the Alleged Misappropriator
    Send Letters
    Alternative Dispute Resolution
    File a Civil Lawsuit
    Notify Law Enforcement
    Look First, Leap Second
    Knowing What You've Got and Whether You're Doing Enough to Protect It: A Trade Secret Audit
    An "Information Addict" Misappropriates $400 Million in DuPont�s Trade Secrets
    A Trade Secret Audit Defined
    To Audit, or Not to Audit?
    The Audit Team
    The Content of a Trade Secret Audit: Identifying the Company's Trade Secrets, Their Location, Their Value, and What Is Being Done to Protect Them
    The Audit Report
    Acting on the Audit Report
    Audit, Report, Then Repeat (a Few Years Later)
    Trade Secret Litigation: What to Expect When You're Litigating
    Night Raids and an Accidental "Confession" in the Case That Wouldn't Die
    Working with Counsel
    Early Decisions in Trade Secret Litigation
    Important Trade Secret Litigation Lessons If You Are the Victim
    Don't Pretend Everything Is a Trade Secret
    Coordinate Litigation Strategy with Non-litigation Conduct
    Expect the Accused to Go on the Offensive
    Consider the Impact on Customers, Suppliers, and Other Stakeholders
    Identify and Remember Your Goals
    Important Trade Secret Litigation Lessons If You Are the Accused
    Don't Make the Situation Worse
    It Will Not Go Away Because You Ignore It
    Don't Allow the Plaintiff to Rely on Vague Descriptions of Its Trade Secrets
    Conduct Your Own Investigation
    Don't Wait to Take Appropriate Action-Be Proactive
    The Company That Ignores Trade Secrets Does So at Its Peril
    Appendix A-List of Case Studies
    Notes
    Index

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